The Secretary [ In Charge ]Thrikkakara ... vs Grace Cherian
2024 Latest Caselaw 30536 Ker

Kerala High Court

The Secretary [ In Charge ]Thrikkakara ... vs Grace Cherian on 25 October, 2024

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                      &
                      THE HONOURABLE MR. JUSTICE S.MANU
           Friday, the 25th day of October 2024 / 3rd Karthika, 1946
             CM.APPL.NO.1/2024 IN WA NO. 1712 OF 2024(FILING NO.)
AGAINST JUDGMENT DATED 04.01.2022 IN WP(C) 27833/2020 OF HIGH COURT OF KERALA,
                                   ERNAKULAM
 APPLICANTS/APPELLANTS:

   1. THE SECRETARY, THRIKKAKARA MUNICIPALITY, KAKKANAD P.O., ERNAKULAM,
      PIN - 682021.
   2. THE ASST. EXECUTIVE ENGINEER, THRIKKAKARA MUNICIPALITY, KAKKANAD
      P.O., ERNAKULAM, PIN - 682021.

 RESPONDENTS/RESPONDENTS :

   1. GRACE CHERIAN, AGED 60 YEARS, NEREVEETTIL HOUSE, VAZHAKKALA
      THRIKKAKARA P.O., KOCHI, PIN - 682021.
   2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
      LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
      PIN - 695001.
   3. THE REGIONAL TOWN PLANNER, TOWN PLANNING OFFICE, CIVIL
      STATION, KAKKANAD, COCHIN, PIN - 682030.


      Application praying that in the circumstances stated in the
 affidavit filed therewith the High Court be pleased to condone the
 representation delay of 555 days in filing the above Writ Appeal.

      This Application coming up for orders on 25/10/2024, upon perusing
 the application and the affidavit filed in support thereof, and upon
 hearing the arguments of S.JAMAL, Advocate for the petitioners and of
 ADV.K.P. SANTHI for R1 (served on), GOVERNMENT PLEADER for R2 & R3(served
 on), the court on the same day passed the following:




                                                             (p.t.o)
                           Nitin Jamdar, C.J. & S. Manu, J.
                           =-=-=-=-=-=-=-=-=-=-=-=-=-=
                           C.M.Application No.1 of 2024
                                           in
                              WA (F) No.1712 of 2024
                           =-=-=-=-=-=-=-=-=-=-=-=-=-=
                       Dated this the 25th day of October, 2024

                                           ORDER

Nitin Jamdar, C.J.

Heard Sri.S.Jamal, learned counsel appearing for the Appellants.

2. The learned Single Judge has set aside the compounding fee levied by the Appellants. In this Appeal, more than 500 days delay has occurred in removing of the defects. We disapprove of this conduct which does not befit a public body who is entrusted with the task of collecting public revenue. It is only out of indulgence that we have not imposed costs to be paid by the concerned officer. The delay stands condoned.

3. Post the Appeal on 13 November 2024 .

sd/-

Nitin Jamdar Chief Justice

sd/-

S. Manu Judge Nsd

25-10-2024 /True Copy/ Assistant Registrar